Which description best reflects the standard used to review questions of law on appeal?

Which description best reflects the standard used to review questions of law on appeal?

• A. De novo review, meaning the court considers the issue anew.
• B. Deferential review to the trial court's ruling on questions of law.
• C. Review only for plain error in the absence of preserved issues.
• D. Review for substantial evidence of the underlying fact.

Answer: (A)

Questions of law on appeal are reviewed de novo. De novo means the appellate court reconsiders the issue from scratch, without giving any deference to the trial court’s legal conclusions. The court determines the correct rule of law and applies it to the facts as presented, potentially reaching a different result than the trial court. This contrasts with the way factual findings are treated, where the appellate court looks to substantial evidence to determine if the facts were supported. The other options don’t fit because deferring to the trial court on legal rulings is not how appellate review works for questions of law, plain error relates to unpreserved trial errors in criminal cases, and substantial evidence concerns the adequacy of factual findings, not the correct application of the law.

Questions of law on appeal are reviewed de novo. De novo means the appellate court reconsiders the issue from scratch, without giving any deference to the trial court’s legal conclusions. The court determines the correct rule of law and applies it to the facts as presented, potentially reaching a different result than the trial court. This contrasts with the way factual findings are treated, where the appellate court looks to substantial evidence to determine if the facts were supported. The other options don’t fit because deferring to the trial court on legal rulings is not how appellate review works for questions of law, plain error relates to unpreserved trial errors in criminal cases, and substantial evidence concerns the adequacy of factual findings, not the correct application of the law.